Indiana Court of Appeals

The Indiana Court of Appeals upheld summary judgment in favor of Auto-Owners Insurance Co. on the issue of whether it had
liability to cover the damages sought by the parents of a boy bit by a dog on the insured’s property. The person residing
at the home, whose dog bit the boy, was not considered an insured under the policy.

Old National Bancorp cannot appeal the termination of two trusts it served as a representative of, either in the representative
capacity or on an individual capacity, the Indiana Court of Appeals held Thursday. As such, the court dismissed the appeal.

In a matter of first impression regarding when a qualified domestic relations order must be filed, the Indiana Court of Appeals
held that a woman who waited 20 years after her divorce to have her ex-husband sign a QDRO for division of his pension may
still be able to submit it.

Because the “voluntary payment” and “legally obligated to pay” provisions precluded coverage, a trial
court properly entered partial judgment in favor of an insurer of a distillery involved in a settlement over damages caused
to nearby buildings by the distillation process.

The Indiana Court of Appeals Wednesday held that when an insurance company includes an explicit exclusion in its policy to
cover loss resulting from an intentional act by a co-insured, the court will enforce that exclusion. Because a man’s
policy included such an exclusion, he can’t recover insurance proceeds after his wife burnt down their home on purpose.

Indiana Court of Appeals judges spent the better part of a 90-minute oral argument Nov. 25 focused on whether a trial judge’s
order applied the proper legal standards in awarding $62 million to IBM after the state canceled its $1.3 billion contract
to overhaul Indiana’s welfare administration.

An emancipated child will be able to collect child support arrearages to pay for her custodial parent’s funeral but
she and her sibling will not be allowed to accept the remainder of the accrued support payments, ruled the Indiana Court of
Appeals.

A property owner’s lawsuit seeking a class action against a property management company that kept late fees paid by
renters was revived by the Court of Appeals on Wednesday. The appellate panel reversed dismissal of the suit and ordered further
proceedings.

A complex and complicated case regarding whether attorney fees awarded from the Indiana Patient’s Compensation Fund
are capped at 15 percent led to a split in the Indiana Court of Appeals. The majority decided that the cap does not apply
to the calculation of excess damages of any type from the fund.

A prosecutor’s comments to a prospective juror comparing the evidence needed for a conviction to that seen in a typical
“CSI” television show weren’t fundamental error, a Court of Appeals panel ruled in affirming a man’s
child-molestation conviction.

A defendant who was denied the opportunity to cross-examine an expert witness who provided cell phone records placing him
near the scene of a Morgantown bank robbery wasn’t deprived a fair trial, the Court of Appeals ruled Wednesday.

An Allen County man was unsuccessful in his attempts to persuade the Indiana Court of Appeals to reverse the order he pay
$5,000 in attorney fees to his ex-wife in litigation over their child’s contact with the ex-wife’s new husband.

The Indiana Court of Appeals ruled that the Indiana Worker’s Compensation Board’s decision to deny benefits to
a man injured at work was unsupported by the evidence. The judges ordered a determination of the benefits that the man’s
widow should receive on his behalf.

A Marion Superior Court did not violate a defendant’s due process rights in ordering his commitment to the Department
of Mental Health and Addiction after finding him incompetent to stand trial. Evan Leedy suffered a traumatic brain injury
in an auto accident that killed his girlfriend and injured another driver.

An appeals court Tuesday affirmed trial court orders that IBM pay a subcontractor for costs it incurred related to lawsuits
over the failed $1.3 billion Family and Social Services Administration modernization contract.

An ex-wife must pay her husband $4,000 a month in spousal maintenance under an agreement she signed, the Indiana Court of
Appeals held Tuesday, affirming a trial court’s decision to deny the woman’s request to modify the maintenance.

A $62 million judgment against the state for canceling a contract with IBM to overhaul Indiana’s social services administration
is clearly erroneous, an attorney for the state argued Monday, while an IBM lawyer argued the company was entitled to even
greater damages.

A Morgan County court erred when it granted Adult and Child Mental Health Center Inc.’s motion to dismiss a lawsuit
filed on behalf of a child in foster care who suffered severe brain damage from a near-drowning. The center argued the complaint
was subject to the Indiana Medical Malpractice Act.